URGENT, need quick legal advice.

[peter_hutson]

Maybe I missed it earlier, but how much did you pay for the dog? Assuming it is under the limit (£10,000?) then wouldn't any legal case be directed to the small claims court? In which case you don't need a solicitor, as you can represent yourself quite easily and you are protected against costs (Max £50 I think, but you might want to check that out). I've been to a Sheriffs Court (equivalent in Scotland) and there is nothing to worry about. The process is designed to be as accessible as possible, I believe the Judges also take a very dim view of claiments trying to bulldose a party representing themselves by sending a professional legal team.

If the above is correct, then let them waste their money on solicitors and see them in the SCC. Worst case - Assuming there is some weird legal law that covers animal sales- is you lose and have to pay £50 ish in costs, lose the dog and get your money back. But I really can't see that happening. I've heard of cooling off periods before, but as far as I know they are designed to protect buyers, rather than sellers. Sellers remorse is not a good enough reason to invalidate a transaction.

EDIT; Probably been said, but keep a close eye on the mutt, just incase if finds it's way into the back of transit van and is never seen again.

 

[Jono8]

I understand the argument of principle but there's really only two factors here.

Do they come across as 'good' people? Do they seem like the sort of people that you'd want 'your' dog to be living with?
Or do they come across as chancers trying to eke out a bit more cash?

I guess one way of sounding out whether they actually do care about and want the dog back is to ask for some compensation for your time and hassle over the whole thing. I'd suggest something into 3 figures would be fair but might put people off that were just trying to maximise income.

Indeed, if OP does decide to give the dog back he should definitely ask for compensation, that will really test if they want the dog back on compassionate grounds.

I wouldn't give it back though. they advertised it and sold it and it is at puppy/sell-able age. I could understand if it was an older dog that they have owned for years and were selling for financial reasons and then suddenly realised they made a terrible mistake selling it.

 

[Tombstone]

Maybe I missed it earlier, but how much did you pay for the dog?

£450

 

[eatcustard]

With no receipt, they could say to stole it?

 

[peter_hutson]

Taken from the CAB website

"In most cases, the court will not order solicitors’ costs to be paid by the losing party in a small claims case, and if you instruct a solicitor you will have to pay the costs yourself."

EDIT: Wrong Quote now corrected

I read this as, as long as your not a RICHARD you won't end up paying their legal fees.

Here's the link:

http://www.moneysavingexpert.com/reclaim/small-claims-court

If I was in your shoes I'd be doing the same thing. I always try and play fair, but the moment someone gets pushy or lies, I get as stuborn as hell.

 

[phil-k]

Sounds like they have been offered more money for it

 

[mjd]

The 'legal route' sounds laughable.
Assuming you can prove that the dog was advertised for sale and you have at least something to show you paid for it, ignore them and let them do their worst.

Or

As stated elsewhere, research the value of said puppy, and sell it back to them.

 

[eatcustard]

Get them to put it in writing why they want the dog back from you.

That will give you evidence you purchased dog in good faith.

 

[doofer]

Be careful you don't get collared by the Office of Fur Trading. Things like this can come back and bite you, a similar case involving a Dalmation puppy a while back turned out to be not quite as black and white as you'd expect with regards to ownership.

 

[mattyfez]

Small claims type cases are designed to be cheap, informal (relatively speaking) and simple so people can represent themselves.

Therefore you can only claim reasonable out of pocket expenses such as travel cost to the court maybe lost earning whilst attending court if you can prove them, it certainly does not include bankrolling an entourage of barristers lol!

 

[peter_hutson]

Small claims type cases are designed to be cheap, informal (relatively speaking) and simple so people can represent themselves.

Therefore you can only claim reasonable out of pocket expenses such as travel cost to the court maybe lost earning whilst attending court if you can prove them, it certainly does not include bankrolling an entourage of barristers lol!

It's amazing how many nupties believe they can get what they want by just threatening legal action. Too many people think they live in a US sitcom. Don't let them know you've researched the small claims court. Hopefully they go the legal route and pee a thousand pounds or two up the wall. Then tell them you decided you didn't really like the dog and gave it to a dog home

 

[Busa]

Not the best start in life for a Rotty...i would keep the dog although i doubt they could get more than £450 for her unless she has a reasonable pedigree and papers.

 

[peter_hutson]

Any update? Has the mutt, been muttknapped by the original owners? Were you unable to open your house door due to the number of legal letters through the door?

 

[elmarko]

First thought after reading thread title.

 

[Shadez]

I see a couple of important questions the OP hasn't answered yet.

1) was the seller a breeder? Only reason i can see them wanting the pup back would be profit.

2) if not a breeder then how long did they have the puppy for?

Considering they had been advertising for a month the pup couldn't of spent long with its mother, this can cause behavioral problems and with a breed like a rotty is probably not advised at all especially if kids are involved. May be best to give the dog back and buy direct from a breeder.

 

[James J]

Sounds to me that they got a better offer to sell it, so want it back to earn more...

 

[Energize]

If they were "decent" people (given the fact they are stalking you I would assume not), I would possibly offer to give back the dog for 120% of the original price, otherwise I would tell them to jump off a bridge.

 

[Tummy]

Any update?

 

[mattyprice4004]

Yay, idiots. I had people like this who sold a laptop to me.

Turned up 2 weeks later, saying their son missed it. Sorry, but nope - should have thought of that. Then said legally they can have it back any time they want - oh my bad, have it back then!

Total morons.